This book brings together contributions from some of the leading authorities in the field of EU immigration and asylum law to reflect upon developments since the Amsterdam Treaty and, particularly, the Tampere European Council in 1999. At Tampere, Heads of State and Government met to set guidelines for the implementation of the powers and competences introduced by the Amsterdam Treaty and make the development of the Union as an area of freedom, security and justice a reality.Since 1999, a substantial body of law and policy has developed, but the process has been lengthy and the results open to critique. This book presents a series of analyses of and reflections on the major legal instruments and policy themes, with the underlying question, to what extent the ideals held out of 'freedom, security and justice accessible to all', are in fact reflected in these legislative and policy developments. Has freedom from terrorism and the spectre of illegal or irregular migration, and increasingly strict border securitisation and surveillance overshadowed the freedom of the migrant to seek entry or residence for legitimate touristic, work, study, or family reasons, a secure refuge from persecution, and effective access to justice? In 2004, the Heads of State and Government presented a programme for the next stage of development in these areas, the Hague Programme, and the Directives and Regulations that have been agreed are now being transposed and applied in Member States legal systems. What are the main challenges in the years ahead as the Hague Programme and the existing legislative acquis are implemented?

From Amsterdam and Tampere to The Hague: An Overview of Five Years of EC Immigration and Asylum LawANNELIESE BALDACCINI AND HELEN TONERPart I Constitutional Issues in EU Migration Law1 Citizens Without a Constitution, Borders Without a State: EU Free Movement of PersonsELSPETH GUILD2 Effective Remedies in Immigration and Asylum Law Procedures: A Matter of General Principles of EU LawEVELIEN BROUWER3 The Jurisdiction of the Court of Justice Over EC Immigration and Asylum Law: Time For a Change?STEVE PEERS4 Impact Assessments: A Useful Tool for 'Better Lawmaking' in EU Migration Policy?HELEN TONERPart II Access to Asylum and Refugee Protection5 The Asylum Procedures Directive in Legal Context: Equivocal Standards Meet General PrinciplesCATHRYN COSTELLO6 Directive 2003/9 on Reception Conditions of Asylum Seekers: Ensuring 'Mere Subsistence' or a 'Dignified Standard of Living'?JOHN HANDOLL7 Refugee Status and Subsidiary Protection under EC Law: The Qualification Directive and the Right to Be Granted AsylumMARÍA-TERESA GIL-BAZO8 From Dublin Convention to Dublin Regulation: A Progressive Move?ANDREW NICOL9 The External Dimension of the EU's Asylum and Immigration Policies: Old Concerns and New ApproachesANNELIESE BALDACCINIPart III Borders and the Enforcement of Migration Control10 The Criminalisation of Migration in EU Law and Policy RYSZARD CHOLEWINSKI11 Building a Community Return Policy With Third Countries: An Equal Partnership?CATHERINE PHUONG12 Border Security in the European Union: Towards Centralised Controls and Maximum SurveillanceVALSAMIS MITSILEGAS13 Immigration Detention and the Common European Asylum PolicyDAN WILSHEREPart IV Managing Legal Migration 14 The Long-Term Residents Directive, Denizenship and IntegrationKEES GROENENDIJK 15 The Family Reunification Directive: A Tool Preserving Member State Interest or Conducive to Family Unity?HELEN OOSTEROM-STAPLES 16 The European Union and Labour Migration: Regulating Admission or Treatment?BERNARD RYAN 17 Citizenship and the Expanding European Union: The Rights of New EU NationalsNICOLAS ROLLASON